PLEA BARGAINING - BARGAIN JUSTICE

• NCJ Number: 34759
• Journal: Criminology Volume: 14 Issue: 1 Dated: (MAY 1976) Pages: 55-64
• Author(s): J BARBARA; J MORRISON; H CUNNINGHAM
• Date Published: 1976
• Length: 10 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Article
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

A REVIEW OF THE LITERATURE ON PLEA NEGOTIATIONS IS PRESENTED, IN WHICH THE AUTHORS EXAMINE THE HISTORY, OPERATIONS, AND EFFECTS OF PLEA BARGAINING, AND OUTLINE SEVERAL SUGGESTED REFORMS OF THIS PROCEDURE.

Abstract

AN HISTORICAL OVERVIEW OF THE PLEA BARGAINING PROCESS THROUGH THE PAST FEW CENTURIES IS PRESENTED. THE ADVANTAGES AND DISADVANTAGES OF THE USE OF THE LEGAL MECHANISM ARE GIVEN. A RESEARCH PROJECT CONDUCTED IN PIMA COUNTY, ARIZONA, COVERING 500 CONVICTED PERSONS WHO HAD BEEN INVOLVED IN PLEA BARGAINING IS DESCRIBED, AND THE FINDINGS INDICATE THAT THE MAJORITY OF INDIVIDUALS INCLUDED IN THE STUDY WILLINGLY ACCEPTED THE CONCEPT AND FELT THAT THE PRACTICE SHOULD NOT BE DISCONTINUED. A RECOMMENDATION FOR MODIFICATION OF THE PROCESS IS PRESENTED WHICH STATES THAT CASES SHOULD BE REVIEWED FOR PLEA BARGAINING BY AN INDEPENDENT AGENCY APART FROM THE COURT AND PROSECUTOR. THIS WOULD INSURE THAT THE INDIVIDUAL WAS AWARE THAT HE WAS ABROGATING HIS RIGHTS OF APPEAL, THEREBY ELIMINATING ANY FURTHER INVESTIGATION OF HIS CASE. (AUTHOR ABSTRACT)